so many e-mails. and if you do that you got a good shot at getting it on the air. thanks again for watching us tonight, i'm bill o'reilly, please always remember the spin stops right here because we are definitely looking out for you. i'm martha mccallum, live in new york city. and tonight. on the advice of my counsel i respectfully exercise my fifth amendment right and decline to answer that question. >> nine months later, same answer, but a very different reaction. what is next on cracking the stonewall on the irs scandal. why did half a dozen democratic senators turn on the white house and block this guy from getting a big job at the doj? >> you're with the police officers in a clear case like this or you're not.

and then, raising new questions about kathleen sebelius, the white house and some health care claims that are looking a little shaky. and then, busted in the school bathroom. these third graders accused of smoking pot. yes, sthi yes, third graders. all right everybody, developing tonight. we are getting the inside story of why a group of democratic senators broke with the president and shot down a controversial nominee in part because of his links to a convicted cop killer. good evening, everybody, i'm martha mccallum in for megyn kelly on "the kelly file." debo adegbile was nominated to head up the department of the civil rights division. but his was his position on the convicted cop killer, abu jamal

was convicted of brutally murdering philadelphia police officer daniel faulkner, shooting him in the back first and later in the face as he stood over this young, dying lawman. and while a half dozen national law enforcement groups stood united with officer faulkner's widow, against this nomination, the president described today's defeat as quote, a travesty that was based on wild character attacks against a good and public servant and those who voted against his nomination stood against an outstanding public servant. shannon bream has more details on what is just in today. shannon. >> well, martha, what is important to note tonight is that the fight over debo adegbile may not be over with. that is despite the fight not to nominate him today.

decades after jamal was convicted, debo adegbile headed up the group that fought against that sentence. critics say debo adegbile didn't stop at pure legal work, instead took part in rallies and legal work that portrayed jamal as a political prisoner. when things started to shift when democratic senator bob casey said he would vote no. he specifically cited his conversation with daniel faulkner's widow, maureen, who appeared on "the kelly file" numerous times. it was clear this was going to be a close vote because vice president joe biden was in the chamber and would have been the tie-breaking vote. democrats went in believing with joe biden's vote they had the numbers to be sure that debo adegbile would advance.

at the last moment, we know at least one democratic leader flipped. this is what mitch mcconnell had to say about the nominee. >> even seven democrats couldn't support it. >> >> well today, attorney general eric holder said he was very disappointed in the senate's vote, adding that debo adegbile is uniquely qualified and an exceptional lawyer. his record was either misrepresented or misunderstood for the sake of politics, several democrats voted no. and harry reid was an additional last minute no. here is why, by doing that no, with the prevailing side with the no-voters today he preserved the right to take another vote in the future if he can convince any of the other voters to change their minds. there is always the chance that president obama could re-appoint

debo adegbile in a future nomination. something to watch. joining me for more on this is jay christian adams, an attorney and author of "injustice." he has done a lot of digging into the background of this lawyer and he joins us with that. good evening, sir going to have you with us. >> good evening. >> what do you make of the fact that the president was clearly outraged about this vote today. he called it a travesty and a real loss for the white house. >> the only travesty is that they would appoint somebody like debo adegbile. the only reason he is outraged is because he agrees with the nominee, he agrees with debo adegbile to go after law enforcement officials, to defend abu jamal, he was not nominated in spite of his defense of jamal, he was nominated because

of it. because these folks think that mumia was innocent. it is not just a question of giving somebody their day in court. debo adegbile took on the wider cause claiming america was unjust towards people of color. it was because of this rancid racial attitude that president obama appointed him in the first place and that is why he is mad. >> and that may be why the possibility of a recess appointment is a very real one, because clearly, the president and eric holder take this as a loss and a personal affront, this vote today. talk to me about his qualifications. because that is another thing they have put on the record, as just an understood, a given. you say he is not necessarily one of the greatest civil rights lawyers in this country. >> he is a young guy, but look at some of the issues he took on. he fought election integrity measures across the country. voter id. he actually worked to keep a white student out of law school,

named abigail fisher, out of the university of texas only because she is white. so this is a guy who has taken on the most random racial causes, and you know what? the justice department has become racial in the civil rights matters, and debo adegbile would have just added to it at the doj. >> thank you, good to have you with us. so you heard shannon talk about the lobbying effort from officer faulkner's widow. later tonight you will hear her reaction to this news. on today's vote, what she is planning if the nominee comes up for another vote in the near future which is very possible or even a recess appointment, maureen will tell you in her own words later tonight. and breaking tonight as tensions remain high in the ukraine today. the united states is now sending six additional f-15 fighter jets and re-fuelling tankers to support the military forces in the nearby baltics, and as the

crisis continues it may start to hurt obama politically. look at the really stunning numbers here, no doubt stunning numbers for the president this evening. his approval rating has hit a record low at 38%. now just last month he was at 42% on that measure. his approval on foreign policy as we look at the background of everything that is going on, even worse. that is at 33% approval on foreign policy. and when asked if the president is improving america's image a whopping 59% say that on that measure he quote, mostly failed. john bolton joins me now, former ambassador to the u.n., and a fox news contributor, ambassador, good to see you tonight. >> glad to be with you. >> what is your reaction to these numbers tonight? >> well, i think it is gratifying that americans do see the president's numbers on

foreign policy, it is good they see it. better late than never. >> let's take a look at this president in terms of how he hoped to fix america's standing in the world right after he was elected. watch this. >> i would like to think that with my election and the early decisions that we've made that you're starting to see some restoration of america's standing in the world. >> that is what he had hoped. and clearly based on these numbers it does no appear to be the case, ambassador. >> well, i think the president's view of america's role in the world is fundamentally contrary to reality. i think when we protect our interests. when we defend our allies. when we act consistently people respect or in some cases fear us. when we act as though we're uninterested. when the president doesn't pay attention. when he is not willing to protect american interests and

allies then i think others take advantage of us. and i think obama's view of the world is that america is part of the problem and that a weaker, declining, more inward looking america actually contributes to peace and energy. >> the white house today would clearly say they are on top of a lot of different attempts to try to do the right thing in this situation. we heard from secretary of defense hagel today. he says that they are expanding the military cooperation right now with poland and the baltics. that they are expanding aviation training right now in poland as part of the clouohesive plan. >> the fact is that in 2008, the europeans made a very bad mistake in rejecting efforts to put both ukraine and georgia on

a clear path to nato membership. and we're paying for the obama administration's failure in the five-plus years since then to think through the possibility that the russian invasion of georgia in august of 2008 could be repeated in ukraine. or that other states of the former soviet union like the baltics, estonia, latvia, other baltic areas. also tonight, caught lying again, e-mails just out raising new questions about kathleen sebelius, the white house, and some health care claims that are looking a little shaky. plus, former irs official, lois lerner back on the hill pleading the fifth. next, on the firestorm that caused and the request for

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the committee's questions. today, same story. >> i will decline to answer any question on the subject matter of this hearing. on the advice of my counsel i respectfully exercise my fifth amendment right and decline to answer that question. i respectfully exercise my fifth amendment right. i respectfully exercise my fifth amendment right and decline to answer the question. >> all right, you get the point. but the room erupted when democrat elijah cummings objected. it got worse when chairman issa cut off the microphones, watch this. >> seeking the truth is the obligation of this committee, i have no expectation that ms. lerner will cooperate with this committee, and therefore we stand adjourned. >> chairman, i have a statement, i have a procedural question, mr. chairman. mr. chairman, i have a

procedural question. mr. chairman, you cannot run a committee like this. you just cannot do this. this is -- we're better than that as a country. we're better than that as a committee. >> may i ask my question? state my statement? >> you're all free to leave, but the gentleman may ask his question. >> no, let me say what i have to say. i have listened to you for the last 20 minutes. >> ms. lerner, you're free to leave. >> but first, i would like to make some brief points. for the past year -- >> we're adjourned. >> close it down. >> against the white house. >> before our o-- single document. >> when i -- if you will sit down and allow me to ask a question, i am a member of the congress of the united states of america. i am tired of this.

>> i gave you the opportunity to ask the question. >> i do have a question. >> i gave you the opportunity to proceed. >> hot in there today, right? republican south carolina congressman trey goudy was a member of that committee, and joins me now, good to have you. >> yes, ma'am, thank you. >> i want to get to that scene we just watched. but first, we were covering that in our news room. we didn't know whether she was actually going to testify. it was right up to the wire. why did you folks believe she might actually come in there and answer your questions? >> well, because her attorney told us she would. we believed all through -- >> what changed? >> well -- only thing i can tell you is what he said. that he doesn't like what darrell issa and i said over the weekend about his client. so he decided that she wasn't going to answer our questions. and martha, i don't know what he

thought we were going to ask, it never was going to be a comfortable interview. i wasn't going to ask her what her favorite color was. i was going to ask her tough questions all along, i don't know what he thought changed. >> congressman elijah cummings, obviously very upset. you saw that exchange there, you were in the room. he said oh, we want to get to the bottom of this. and that caused a lot of folks to say let him speak, maybe he would even encourage lois lerner to get to the bottom of this. what he wanted was for her to get immunity, right, and she could make her statement. and that is something you were not having. >> well, i don't want to be hip hyper technical, it was not technical immunity, it is just you go ahead and tell your story, nothing you say will be used against you.

immunity, you will never be prosecuted no matter what you say that never was going to happen. the reality is, she had five opportunities to explain not what other people have done or said but her own e-mails and she invoked all five times. so her hearing was not going anywhere. >> she had said in e-mails, the tea party matter is very dangerous. there are a number of elements that show there could be a connection to washington based on this program to make sure that the conservative groups did not get their status. so what now? because john boehner came out and said we'll place her in contempt and force her to testify if it comes to that. will that happen? >> well, you can't make somebody talk unless you want to get jack bower out of retirement. the most you can do is give them an incentive to talk or you can punish them for not talking and that is contempt. but make no mistake we can't make her tell us what she knows, we can just punish her if she

doesn't. and that is where i would like to see this go. she waived her fifth amendment privilege, if you remember back in may she made 17 separate factual assertions. that is a lot of talking for somebody who wants to remain silent. either she talks and will negotiate a resolution with her or she doesn't and we hold her in contempt in front of congress. >> well, it sounds like we'll never hear from her. because darrell issa indicated as much. >> martha, i did this for 16 years, trust me, we can get her to talk. >> very interesting, we'll leave it at that. and we'll talk to you soon. trey gowdy, thank you very much. how about this, pot smoking in the bathroom, third graders? third graders? and plus, a nominee shot

down because of his ties. and what happens if the white house goes get him back into that job. >> i'm just hoping that does not happen and president obama does not do that. i mean, these are the voters that spoke. they voted. and their decision was not to put this man in. and i don't know why president obama would override that. it is wrong. it is absolutely wrong if he does it. [ male announcer ] staples has everything you need to keep a germ-free office. from latex gloves and antibacterial wipes to steam cleaners, keyboard vacuums and microfiber cloths. yes, staples has everything you need for a germaphobe-friendly office... [ sneezes, coughs ] except germ-free coworkers. [ retches ] thousands of products added online every day... [ click ] even protective suits. [ sneezes ] now get 15% off your cleaning supply purchase.

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ready for this? investigation is now under way after a shocking discovery at a california elementary school. third graders, third graders, busted for smoking pot in the bathroom. i kid you not. trace gallagher joins us now

with this from the west coast news room. hi, trace. >> hi, martha, this is sonora, california, in central california and police there have confirmed that three third graders did get caught in a bathroom smoking pot by another student. the other student then notified the principal who called the cops then. the police say the two 8-year-olds and a 9-year-old were the youngest ever busted for pot. the police seized paraphernalia and the pot. police say they got it from multiple sources. they also say the students didn't have experience smoking and didn't appear to be under the influence. other parents at the school say they can't believe it. listen. >> shocked, about the marijuana. >> yeah, to be in third grade and have their own pipe. >> what do you think should be done? >> i think they should be taken out. but also follow it further to where they found it. >> now, the school

superintendent won't say if the boys have been expelled, but under california law kids under 12 are not normally charged with a crime but could face juvenile charges. california was the first state to allow medical marijuana in the '90s, and polls show there is strong interest in legalizing recreational pot, but sources say it will just give kids like these easier access. >> one word, they got it from multiple sources. what do they think that means? and i think that woman is right. i mean, where they got it is really the main question i would want to know if i were the administrator. >> and that is what we're checking on right now is where they got it. i can just add when we talk about the whole debate, in colorado, kids 10 and 11 just got busted for smoking pot at school. they say they thought it was cool and legal. so where these kids got it is still the question, but police won't release the information. >> all right, unbelievable,

trace, thank you. you bet. coming up, news on the health care exchange that will affect 11 million americans. this is a big one, folks, stick around for the news that broke just before the show tonight. plus, parents voice their outrage after heroin, heroin was found in a grade school. what is going on out here? the teacher's union has now decided that they're going to stonewall the police investigation on this. the needles were found in the teacher's lounge. >> tell me how it is not small town politics when there is no reason you can't put them on administrative leave. i'm not satisfied. point blank, i'm not satisfied. i want to know what is state law and what are your grounds for not putting these people on administrative leave. and everybody can disagree with me. my kids are important to me. re. re. while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain

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reports that we detailed here last night on another major obamacare delay. now, this delay would allow insurance companies to continue offering those plans that don't meet the minimum requirements of the law. some of them have called them junk plans. this would be an extension for those plans for two more years. past the presidential election most likely. and that heads off what might have been up to 11 million americans who would have been dropped from their health care plans before the mid-term elections. this is new reports surfacing that the white house may have a new credibility controversy on their hands, e-mails obtained show just how much the white house knew about the human secretary services kathleen sebelius, and the implements that she regulated. american enterprise institute

fellow, good evening, good to have you with us. >> good evening. >> these are the plans, when you really think about this the gop said why don't we just delay this thing for a year, get our ducks in a row. there are a lot of problems with it. the democrats said that would be cruel, you can't deny people this wonderful plan we came up with. that would be cruel, are you with me? >> yeah. >> so now, they're saying give it two more years, you can keep them stinking plans that don't work, you can keep them for two more years. this smacks of a very political decision. >> absolutely, this is not designed to protect people from obamacare, designed to protect another wave of democrats from cancellations. last year you had people with individual market plans. now the employer-based plans

will be cancelled. they're not stopping them, they're delaying them until after election day. so if we can protect vulnerable democrats from obamacare, why can't we protect them for the american people? >> basically, they're postponing the pain for a lot of people and making it easieeasier, as you sr democrats when they got millions more people in their districts who ran out of their ability to keep the plan they liked, which they had in the beginning. what kathleen sebelius's role was in this whole thing, lay it out for us. >> okay, so enroll america is an outside group that was formed by a former obama administration official to promote obamacare. and so what happened is, kathleen sebelius and what is happening is the white house is

coordinating with them, hhs is coordinating with them. they're doing calls together, doing talking points together. all of that is perfectly legal, what you can't do and what kathleen sebelius is accused of doing is raising money for them, especially for people over whom you have regulatory power. so martha, if i'm a government official i can't say to you, martha, give me a million dollars, that would not be it ethical. >> i don't want to risk having my activities locked into based on the fact that i decided not to help you, not to go for it. >> exactly, it is coercive for a person to go to others, over whom she has regulatory powers and demand money. >> have they explained this?

are they saying no, it is really actually okay because of x, y and z? >> well, they're saying she didn't actually solicit companies she had regulatory powers over, so they're not denying that they have solicited money, but officials, business executives have said we have been solicited by obama officials demanding seven-figure contributions. a million by some, by current government officials. that is not ethical, you can't coerce private businesses to give money to a nonprofit started by obama officials designed to advance the president's political agenda. >> sticky wicket, mark, thank you for laying it out. we'll see where it goes. thank you. so also developing tonight, the u.s. is beefing our military presence in mainland europe. we have learned the u.s. is

sending in more fighter jets like these at the request of our allies tonight. earlier, our own shepard smith traveled to the heart of the international crisis and he joins us live from kiev, ukraine. >> martha, we wanted to know what it is like in that particular area so we took about a 400 mile flight from here in kiev down to simferopol. and when we landed there, there had been troops for days, russian troops, but we saw none of that. some security in the russian transportation hubs were there, but others said it feels better. like it is stabilizing. but you have to go farther. we went to a naval institution and found russian soldiers had taken charge of it. they had not allowed the ukraine soldiers to leave, had taken over. that is where others hid out in

a coffee shop. the fact of the matter is the russians control all of the ports, all of the naval installations. the ukraine ships are blocked into their own port by the russians. and the bbc even got video of russian snipers in a tower watching over that area. so the truth is, the russians control crimea. they do for now at least. well, there is diplomacy under way. our secretary of state john kerry met with russian prime minister sergei lavrov, speaking about 9:00 in the southeast in the united states. said we had had lengthy discussions, we explained to him that the violation of the territory of ukraine was something the world would not accept. said that he laid out all of the options from the united states' perspective but nothing that gave him sergei lavrov. and bottom line, the talks failed. secretary kerry said they would

go forward in the days ahead. certainly people in kiev, which is more aligned with the west and europe, when does this end? right behind me? the flowers you see? that is the spot where the local police set up a wall. police snipers got on top and killed a number of the protesters who were here. the hotel we were staying at the time served as a morgue. it may not look like tensions are high as you walk around the streets in kiev, but certainly they are, the russians are trying to take control. the west is trying to get it back. it appears the west does not have a lot of leverage, martha. >> shep, invaluable, getting all that information. reporting live, thank you, shep. and the administration is also facing a crisis here at home right now as the parent's pick to lead the doj civil right's division has now been shot down. that nomination by a bipartisan group of senators. up next we're going to get exclusive reaction from the

woman whose husband was killed by the man that this man defended as well as a former police officer who was shot in the line of duty himself back then. and asked them both what they make of the president's suggestion today that this vote is quote, a travesty for the american people. president obama has not walked in my shoes for the past 32 years and has not felt the pain and the anguish that i and the faulkner family have endured from a man who brutally murdered my husband. getting your vegebles every day? when i can. [ bop ] [ male announcer ] could've had a v8. two full servings of vegetables for only 50 delicious calories. two full servings of vegetables image not beinghave near this so often.er, with the oxytrol for women patch. it's safe and effective when used as directed.c.

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talk to a pnc investments financial advisor today. ♪ back now to our top story tonight, as a bipartisan group of senators shoot down the nomination of this man today, debo adegbile, at the doj for the top spot. many say that the spot for the man who once defended the man who gunned down the police officer, daniel faulkner, was something they simply could not do. faulkner was shot in the back, and then in the end in the face as the killer stood over him. but there was one person who opposed that nomination more than most. and today, officer faulkner's widow offered an exclusive reaction to us for the vote that

she says today left her in tears. >> i must say i broke down in tears when i saw that debo adegbile was blocked from the department of justice, because i just feel he is not the man for this position. so -- i just have gratitude for the senators that were brave enough to vote and do the right thing. i feel as though sometime -- sometimes i feel as though danny is looking down upon me through all of this giving me the strength, to speak out, not just for him and his brutal murder of what happened. but also for all police officers throughout the country. that we must be united and stand up for them. and respect them for what they do in this country. so i do believe he gives me the strength and i think he would be proud of me today.

>> no doubt he would be proud of her today. because what we're hearing from the hill is that she really is the person who turned the tide on capitol hill by all of the pleading and discussing and sending information to these senators so that they could not say they didn't know what happened. she not only found support in the senate but also from thousands of law enforcement officers who say that this nomination would be quote, just a thumb in the eye to all of them. richard costello is the political director for the philadelphia fraternal order of police. he was a police officer himself back in the years when daniel faulkner was gunned down. hi himself, mr. costello, took two shots in the line of fire himself. sir, welcome, good to have you with us tonight. >> thank you for joining us. >> i'm honored, thank you. >> we're honored to have you. i wonder what your reaction is when you listen to maureen faulkner and you know all of the years of anguish that she has gone through. and she finally got this decision today. what do you think?

>> well, this whole case has been a circus of evil like a carnival over the bizarre for over 30 years now. we have been forced to endure every left wing hate group in america championing the cold-blooded killer of a police officer as some type of twisted political hero. maureen herself has been trapped in a time warp of heartache, and even though it is 2014 she has never been allowed to leave december of 1971, it has been cruel and heartless. >> i can't even imagine what she went through. her young husband, they were in the beginning of their life the beginning of their life together.

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. and a kelly file follow-up for you, a week ago we told you how heroin was found in a new york city elementary school. apparently teachers cooperated with the police until the union

told them they should not really be doing that. so tonight, the board of education heard an earful from outraged parents, and the kelly camera was there. and trace gallagher has more. >> hey, martha, this board meeting was supposed to be all about the school budget but the parents did not want to talk about money at all. they are irate because they believe that some of their kids are likely being taught by a heroin user who is being shielded by the union. listen to some angry parents. >> i love the teachers, i think they're wonderful people and i certainly don't want anybody to be guilty without being proven guilty. but i still don't think they should be in the same hallways with my kid or another kid. >> this is assuming guilt or innocence, but this is just removing the threat from the students. we're not doing that. we're failing them. >> twice in the past three months, heroin was found in a men's faculty bathroom. sources say that a teacher's

aide and a contract worker used the bathroom. the contract worker who was nonunion agreed to give a sample. and at first the teachers agreed until the union said that the state law do not require the teachers to take drug tests. the teachers then got lawyers and are now not cooperating. the union is not speaking and the investigation is moving at a snail's pace. the parents are worried because the school did not notify them until the second incident. even then the note was vague, saying they found the paraphernalia in a rest room and we immediately reported this to the fall'sburg police department. they left out the part about the heroin in the faculty bathroom. tonight we tried to talk to the superintendent and this is what happened. >> i'm with the megyn kelly show, can we please ask you a few questions?

>> the superintendent says they are cooperating but the police chief says they are cooperating. if they want them to cooperate, have them give urine samples and that will be cooperation. and coming up, a 95-year-old veteran decides he wants to cheer on a group of runners and what happens next has folks across the country getting a little bit teary-eyed over this one. ♪ they lived ♪ they lived. ♪ they lived. ♪ (dad) we lived... thanks to our subaru. ♪ (announcer) love. it's what mas a subaru, a subaru.

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tonight, a fitting tribute to a member of the greatest generation. during a race benefitting today's military, on sunday, 95-year-old joe bell put on his uniform to cheer on the runners in california when this happened. [ applause ] >> thank you. >> you're doing a good job, get right into it. go after it! >> runner after runner spontaneous going off course to shake the world war ii vet's hand and thank him for his service. what a great shot that is. the race benefitted pat tillman's foundation, who left the nfl and went to the war

after 9/11. thank you for joining us everyone, i'm martha mccallum. this is "the kelly file." and this is a fox news alert, the crisis in ukraine continues to escalate. tonight, the pentagon has announced it is sending six team fighter jets and a re-fuelling aircraft to aid the nato forces. and our very own shepard smith flew down to crimea to get a firsthand look on the ground, and he joins us now, shep? >> reporter: and sean, when we got to crimea we were looking for russian soldiers who had been on the ground for days. when we got there, people said no, they're not here, things are